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Schools can’t expel students over non-payment of fees

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The Sindh High Court (SHC) on Wednesday extended its stay order restraining private schools across the province from expelling any children over non-payment of tuition fee. A two-judge bench of the high court was hearing a petition moved by owners of private schools challenging the Covid-19 Emergency Relief Ordinance, 2020. Over the course of the hearing, a lawyer representing the petitioners called for the Sindh government to give subsidy to private schools if it wants a 20 per cent reduction in tuition fees. The judges were informed that many parents are unable to pay complete school fees of their children due to the coronavirus lockdown. The hearing was adjourned till June 10. At the previous hearing, the bench had turned down a request by the petitioners to restrain the provincial government from taking any adverse action against them over non-compliance of its directives with regard to a 20 per cent fee cut. A counsel for the petitioners stated before the judges that the Sindh government has made it mandatory for private schools to charge 80 percent of the total monthly fee without taking into account the financial impact its decision will have on schools.He pleaded with the bench to declare the decision of a 20 percent reduction in school fees void. The petitioners, the All Sindh Parents’ Association and Rasheed Rizvi Centre for Constitutional and Human Rights, argued that the auditor-general audited the accounts and tax returns of private schools in 2018 and found out that they were “making an enormous amount of net profit thereby, negating the plea of the private schools that a cap on the increase in school fee would be detrimental to the continuing function of the schools.” In view of the audit report submitted in the Supreme Court it is “abundantly clear that similar objections raised by the private schools are based on malafide and misrepresentation, and are, therefore, liable to be rejected,” the petition said, adding that none of the private schools has any evidence to show that such detrimental reliance has been made. On May 15, Sindh Governor Imran Ismail had approved the Corona Emergency Relief Ordinance, 2020 to provide relief to the people of the province amid the coronavirus pandemic. The ordinance was sent to the governor after approval of Chief Minister Murad Ali Shah for signature. Under the ordinance, no educational institution shall charge more than 80 per cent of the total monthly fees. No employee or worker shall be terminated or removed as the employers will be bound to pay salary to their employers.

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